Civil Action No.: PC 03-2636
Welcome to the Settlement website for the
Long, et al., v. Dell Inc., et al. class action.
The purpose of this website is to inform you of the pendency of this Settlement as a class action, the proposed approval of the Settlement1, and of the hearing to be held by the Court to consider the fairness, reasonableness, and adequacy of the Settlement as well as counsel’s application for fees, costs, and expenses. Although the information on this website is intended to assist you, it does not replace the information contained in the Notice of Class Action Settlement (the “Detailed Notice”) and the Settlement Agreement, both of which can be found and downloaded from this website.
The Detailed Notice describes in detail the rights you may have in connection with your participation in the Settlement, what steps you may take in relation to the Settlement and this class action, and, alternatively, what steps you must take if you wish to be excluded from the Class and this Action. If you are a Member of the Class (as defined in the Detailed Notice), your legal rights are affected whether you act or do not act. Please read the Detailed Notice and other relevant case documents to fully understand your rights.
The settlement would resolve a lawsuit in which the plaintiff Julianne Ricci alleges that Defendants Dell Inc., Dell Marketing L.P., Dell Catalog Sales L.P., BancTec, Inc., and QualxServ LLC (collectively, “Defendants”) violated Rhode Island law by improperly charging and collecting Rhode Island sales or use tax on sales of Optional Service Contracts (as defined in the Detailed Notice), for which no such tax has been imposed by law. In turn, Defendants have filed tax refund claims with the Rhode Island Department of Revenue (“DOR”) for a refund of monies collected and remitted to DOR as tax on these sales of Optional Service Contracts. The tax charged for most Optional Service Contracts was between $2 and $30.
If you are a consumer who purchased from Dell one or more optional service contracts covering computer hardware during the period from May 16, 1993 through December 31, 2011, and paid Rhode Island sales or use tax on such service contract(s), you could receive benefits from a class action settlement.
The Court will review the Settlement at the Settlement Hearing scheduled for December 9, 2016.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:|
|SUBMIT A CLAIM FORM||The only way to be eligible to receive a payment from the Settlement. Proof of Claim forms must be postmarked or submitted online on or before January 19, 2017.|
|EXCLUDE YOURSELF||Get no payment. This is the only option that potentially allows you to ever be part of any other lawsuit against the Defendants or any other Released Parties about the legal claims being resolved by this Settlement. Exclusions must be postmarked on or before November 9, 2016.|
|OBJECT||Write to the Court about why you do not like the Settlement, and/or the request for attorneys’ fees and expenses. You will still be a Member of the Class. Objections must be received by the Court on or before November 9, 2016.|
|DO NOTHING||Receive no payment. You will, however, still be a Member of the Class, which means that you give up your right to ever be part of any other lawsuit against the Defendants or any other Released Parties about the legal claims being resolved by this Settlement and you will be bound by any judgments or orders entered by the Court in the Settlement.|
1 All capitalized terms used on this website are defined in the Dell Optional Service Contract Rhode Island Tax Settlement Agreement dated October 22, 2015 (the “Settlement”).